State v. McGivney

585 P.2d 767, 36 Or. App. 885, 1978 Ore. App. LEXIS 2084

Opinion

PER CURIAM.

Defendant makes two assignments of error on appeal: (1) that his confession should have been suppressed, and (2) that the two conditions of the order of probation violated the holding of State v. Fisher, 32 Or App 465, 574 P2d 354, rev den 283 Or 99 (1978).

The first assignment does not warrant discussion. The conditions of probation in question are:

"Shall consent to any test for the purpose of detecting and measuring consumption of alcohol or dangerous drugs, upon the request of any law enforcement officer or other person authorized to perform such tests * * * [and]

"Shall consent to the search of the person, automobile and residential premises with or without a search warrant at any time upon the request of a law enforcement officer or other person authorized to make such a search.”

Both conditions are contrary to State v. Fisher, supra, in that the searches provided for by them are not limited to those conducted by or at the direction of participants in the probation process.

Reversed and remanded for resentencing.